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Burr v. Beckler

Supreme Court of Illinois
106 N.E. 206 (1914)


Ednah Beckler (defendant) was traveling in Florida when she received a request from her husband, Charles Tobey (defendant). At the time, Tobey and Beckler were living in Chicago, Illinois. Tobey convinced Beckler to sign a promissory note in favor of Shelton Burr (plaintiff) and to pledge, as collateral for the note, real property located in Chicago. Beckler executed the promissory note in Florida and mailed the note to Charles in Chicago. Beckler defaulted on the note, and Burr filed suit in Illinois state court against Beckler, Tobey, and William Church, trustee, to foreclose on the deed of trust. Beckler responded that the note was executed in Florida, where she lacked the capacity under Florida’s coverture law to execute the note and deed of trust. The trial court agreed and dismissed the complaint. Burr appealed. The appellate court reversed and concluded that Illinois law governed the note and trust deed because they concerned real property located in Illinois, despite Beckler signing the documents in Florida. The Supreme Court of Illinois granted certiorari to review.

Rule of Law


Holding and Reasoning (Cartwright, C.J.)

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